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(영문) 인천지방법원 2020.10.28 2020고단7185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2020, around 18:10 on July 6, 2020, the Defendant driven a DNA low-water vehicle with an alcohol level of 0.330% from the parking lot of the Seo-gu Incheon Metropolitan City from around 37 meters to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. One year and two years and six months of imprisonment within the scope of punishment by law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria of the defendant, including the fact that the blood alcohol concentration in the judgment of sentencing is very high, the area of drinking driving and the circumstances leading to drinking driving, etc., shall be determined as ordered by the order, comprehensively taking into account the following factors: the defendant's age and behavior environment; the motive means and results of the crime;

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